Cessation Principles Flashcards

(53 cards)

1
Q

What three main events mean a customer no longer falls into SA?

A
  1. ceases to fall within SA
  2. permanently ceases to be a UK resident
  3. Dies
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2
Q

What are the three reasons a customer my continue to fall into SA after a source of income ceases?

A
  1. The source ceased part way through the year
  2. they fulfil more then one SA criteria
  3. they come into SA for a new reason
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3
Q

How can a customer notify HMRC they no longer fall into SA?

A

enter date of cessation on their return
notify by letter or phone
complete an online form if they are self employed.

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4
Q

When is a notice to file issued in error?

A

if the customer has already sent a notice to file under a different reference number
HMRC records show the customer did not meet the criteria for SA when the return was issued
the SA record is set up for the wrong year

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5
Q

What must a customer do if a notice to file is sent in error?

A

Must file SA return unless HMRC agree they do not need to file

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6
Q

What happens to a customer’s SA record if they cease to meet SA criteria?

A

The record falls dormant and is reactivated if the fall into SA in the future.

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7
Q

If a customer ceases to be in SA then sells an asset, what happens?

A

If the sale of the asset brings them into SA, they must complete a return showing the capital gain.

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8
Q

When a customer becomes insolvent what happens to their debts?

A

An insolvency results in money being paid to a practitioner based on amount of debts. They then use there funds to bay creditors

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9
Q

What happens to a SA record when a customer becomes insolvent/bankrupt?

A

The customer will receive two UTr. One for the period up to insolvency, the otheRs for the period after insolvency.

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10
Q

How is an SA return delt with in the year of bankruptcy?

A

all income is declared on the return issued from the prebankruptcy period.
This is issued under the old UTR. All new returns are issued under the new UTR.
Creditors are paid off in order of priority, including HMRC.

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11
Q

What is the split in the SA record when a customer becomes insolvent?

A

the tax year is split into two parts
1. up to and including the date of insolvency
2. after the date of insolvency

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12
Q

After insolvency, what is the customer responsible for?

A

completing SA returns for year of bankruptsy and beyond
any new debt or SA liability arising after the insolvency date

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13
Q

What new debts may be created during administration of insolvency?

A
  1. Capital gains tax from sale of assets
  2. PAYE liability when continuing to run a business during insolvency
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14
Q

What three things might happen to a customers SA if the emigrate?

A
  1. cease altogether
  2. cease to be taxable in the UK
  3. continue to be taxable in the UK
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15
Q

How many days must a customer be in the UK to be treated as a UK resident for the year?

A

183 days or more

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16
Q

What income are UK residents liable to pay tax on?

A

Whole world income

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17
Q

What income are non UK residents liable to pay tax on?

A

Income generated in the UK.

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18
Q

What are the 3 conditions to be treated to split year treatment?

A
  1. leaves UK to take up full time employment abroad or to accompany a partner who is taking up full time employment
  2. ceases to have a home in the UK
  3. meets other conditions
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19
Q

What is split year treatment?

A

The year a customer leaves the UK is divided into two parts.
UK part
Overseas part

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20
Q

How is income taxed during split year treatment?

A

UK part of the year- whole world income is assessable.
Overseas portion of the year- only UK income is assessable.

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21
Q

What is an early settlement?

A

A customer departing the UK before the end of the tax year can request their tax liability is delt with before the end of the tax year.

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22
Q

What are the 5 characteristics of an early settlement?

A
  1. always carried out by a nominated officer
  2. allow any amount owed or owing to be delt with before the customer moves.
  3. treated as provisional in case something in the future changes.
  4. do not alter liability due date
  5. can be subject to a compliance check
23
Q

What are people who permanently resident abroad liable to?

A

Income generated in the UK or disposal of UK property

24
Q

How is the liability of a non-UK resident normally collected?

25
What are the 6 examples of non residents who are within SA?
1. landlords liable to income tax from income on property in the UK 2. landlords with tax deducted under non-resident landlords scheme 3. lloyds underwriters are liable to income tax on profits from lloyds underwriting 4. directors of UK companies liable to tax on remuneration and benefits paid from the UK and abroad that relate to duties performed in the UK 5. partners in UK partnerships that trade in the UK are liable to income tax on their share of the profits 6. receiving investment income from UK investments are liable to income tax
26
What is a double taxation agreement?
Non residents may end up being taxed by UK and residence country on income. To stop double taxation on the same income, UK has agreements to prevent this with many countries
27
How do double taxation agreements work?
1. give exemption or relief from tax in either country of origin (where income arose) or country of residence or 2. giving credit for tax withheld by the country of origin in the country of residence.
28
What are examples of a deceased persons assets?
1. money property investments
29
What happens to the assets of a deceased person?
They pass to a deceased estate. Debts are settled and the remainder is issued between beneficiaries
30
What is a personal representative?
The person who deals with setteling a deceased persons estate
31
What is a grant of conformation/probate/letter of administration?
they give a person legal authority to settle the estate of a deceased person
32
If the deceased's estate value is above a certain amount, what can be estate be liable to?
Inheritance tax
33
What are the two periods when dealing with a deceased persons tax affairs?
1. period up to and including the date of death 2. Period following the date of death until estate is distributed (administration period)
34
What happens to the SA record after the period up to date of death is brought up to date?
Permanently closed
35
What happens if there is tax liability due on a deceased persons estate during administration period?
Personal representatives come into SA and a new SA record is set up.
36
Which HMRC office is responsible for dealing with a deceased customers affairs?
The office that delt with them when they were alive.
37
What three conditions prevent the local HMRC office dealing with a deceased customers tax affairs?
1. they were a lloyds underwriter. Wealthy Bradford takes responsibility 2. Returns need to be issued. HMRC trust and estates takes over. 3. case falls into other special categories. HMRC trust and estates takes over.
38
Can early settlement be offered to personal representatives of a deceaseds estate?
Yes, it covers returns up to the date of death and the administration period.
39
What is early finality?
HMRC confirms no compliance check will be carried out on any returns filed relating to the date of death or the administration period
40
What are the responsibilities of the personal representatives?
Filing of all SA returns not already filed up to date of death paying liability or charges due at date of death or during administration period
41
What is done after death to bring customer records up to date?
1. HMRC reissues outstanding SA returns notifies the representatives of open appeals/ enquiries, unpaid liability and other info needed to finalise liability up to date of death.
42
What are the reasonable excuses for late filing before death?
A period of illness before death delays in obtaining probate bereavement if the deceased is close to the representative.
43
What is the relative date for the start of late payment interest charges of a deceased's return?
The later of the normal start date the day after 30 days starting from the grant of probate (conformation)
44
How much of an allowance is given in the year a customer dies?
The full years allowance
45
How are assets gained by personal representatives after death treated for CGT?
Assets are deemed to be aquired at market value on the date of death. No CGT liablilty
46
During the administration period, what is tax liability likely to arise on?
income received after death sale of assets after death
47
How is liability calculated on a deceased's estate when value is less than £10K?
Representatives make an informal calculation on liability and pay this to HMRC.
48
How is liability calculated on a deceased's estate when value is more than £10K ?
Representatives enter SA and a new record is opened for each of them.
49
Are tax rates applied to SA customers the same as the rates applied to representatives of a deceased's estate?
No, the rates are different
50
How are CGT liabilities delt with in the administration period?
Liability is entered on to a SA return
51
What are the assessing time limits during administration periods?
There are none.
52
What happens when the value of an estate is less than debts due?
Debts are written off and there will be nothing to distribute
53
If a beneficiary receives property from a deceased's estate, what are the responsible for doing?
Paying income tax generated from the assets paying CGT as a result of disposal of the assets registering for SA if they meet criteria